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(영문) 서울남부지방법원 2014.10.30 2014고단3412
특정범죄가중처벌등에관한법률위반(절도)
Text

Defendants shall be punished by imprisonment for one year and six months.

However, as to the Defendants, it is for 2 years from the date of this judgment.

Reasons

Punishment of the crime

Defendant

A is a university student enrolled in the third year of Korea University D, and Defendant B has no specific occupation.

The Defendants committed a theft of bicycles installed in apartment stairs, corridors, etc. through a cresh in the new wall time in a wooden apartment complex, and conspired to raise entertainment expenses, etc. by selling them through the Internet middle selling site.

Therefore, at around 02:40 on November 8, 2013, the Defendants: (a) laid the elevator from the Yangcheon-gu Seoul E, 723 Dong to the 15th floor; and (b) laid down a bicycle installed in an apartment corridor, and black the bicycle, which was installed in the apartment corridor, found one bicycle propelled with the victim F, the market price of 1.5 million won at the victim F, who was installed in the front corridor of 1503; (b) returned the number locks installed in the bicycle to a voluntary number number; and (c) habitually combine it as indicated in the list of crimes in the attached Form, including the fact that the above bicycle was cut off with the rate of interest, from October 20, 2013 to May 3, 2014 (However, in cases of G on October 20, 2013).

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol against the Defendants

1. The police statement of H;

1. Each written statement of I, J, F, K, L, M, N, P, Q, Q, R, T, U,V, and W

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the method of each crime, frequency of crimes, and the fact that the same kind of crime has been committed in a planned and organized manner;

1. Defendants under relevant criminal facts: Articles 5-4 (1) and 331 (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes;

1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act

1. Defendants on probation: Reasons for the sentencing of Article 62(1) of the Criminal Act [the scope of recommending punishment]; types 1 (general habitual and repeated larceny) (one year and six months to three years) are mitigated (special mitigation) (special mitigation).

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